Frequently Asked Questions

No. Bids will be opened internally by the Public Entity immediately after the closing time. However, a record of the Quotation Opening stating the name of the bidders, the amount quoted, the presence or absence of a Bid Security/Bid Securing Bidder Declaration, will be posted on the website of the Public Entity and available to any on request within three working days of the Opening. The Public Entity shall have the right to request for clarifications in writing during evaluation.

 

Yes, Public Entities can invite quotations on their website and also provide the same quotations to Public Entities requesting quotations separately. However, invitation for bidding must be done in a widely circulating newspaper for competitive bidding method

 

The secretary who is an in-house staff member and a support staff from PMU writes the minutes and prepares the evaluation report but may not take part in the evaluations.

 

Section 59 (1) A bidder or supplier may, as prescribed, apply to the Review Panel for review of a decision or an action taken by: (a) By the Board; or (b) By a public entity

For the award of a procurement contract

The Chairperson

Review Panel

Ministry of Finance, Head Office

Moltke Street

Private Bag 13295

Windhoek

Tel: +264 (61) 209 2445

EMAIL: maria.jonga@mof.gov.na

 

There is no prescribed threshold for direct procurement. Regulation 18 Before choosing direct procurement as a choice of procurement method as contemplated in section 36 of the Act, a public entity must ascertain whether- (a) Goods to be procures cannot be procured using other procurement methods as contemplated in section 27 of the Act; (b) The supplier is able to perform in terms of the procurement contract to be entered between the parties; (c) The quality and technical aspect of the supplier meet the requirements of the public entity; and (d) The price to be paid to the supplier is fair and reasonable.

 

The Act refers to calendar days, weekends and public holidays are included.

 

The Board or a public entity may, at any time prior to the acceptance of a bid, reject all bids or cancel the bidding process, if- (a) All the bids are non-responsive; (b) The lowest evaluated bid is substantially above the applicable cost estimate; (c) The goods or services are no longer required; (d) It has been established that there has been collusion among the bidders as contemplated in subsection (5) (e) An irregularity that warrants the cancellation of the bidding process occurred; (f) It is not economically viable to proceed with the bid; or (g) Does not create or achieve the expected outcome.

 

Yes, the Acting Financial Advisor has voting rights.
No, the Acting Financial Advisor should not be on the approved internal organisational structure as an alternate to the Financial Advisor.

 

The Public Entity is encouraged to follow the correct bidding process

 

Yes, all the members of the BEC of the Public Entity should appear on the internal structure including those who were co-opted from other Public Entities. The PPU to be consulted regarding co-opting.

 

No answer. There is nothing in the Act regarding loans and overdrafts

 

No, the Secretary to the PC does not have voting rights.

 

Yes

 

Section 74
74. (1) An Accounting Officer may delegate or assign to a staff member any of the powers or functions conferred upon or imposed on the Accounting Officer by or under this Act, except the power to issue contract awards, sign agreements and appointing or recommending staff members for appointment to procurement committee, Bid Evaluation Committee or Procurement Management Unit.
(2) A delegation or assignment under subsection (1)-
(a) is made in writing; and
(b) does not divest the Accounting Officer from the powers or functions so delegated or assigned.
(3) An Accounting Officer, at any time and without prejudice of a right, may vary or set aside any decision.

 

It depends on whether the evaluation is on cost or specification. if it is on cost (no evaluation by PMU), if it’s on specification (yes, PMU need to evaluate RFQ)

 

The secretary of the Bid Evaluation Committee should be an in-house staff member and can be a support staff member from the Procurement Management Unit. The Secretary is not part of the Bid Evaluation Committee and therefore is only allowed to take minutes and inform the Committee, but may not take part in the evaluation.

 

Regulation 8 (1)
No, PMU is not responsible for evaluation of bids or awarding or terminating of procurement contracts.
Regulation 6 (2)
A Procurement Committee, in accordance with the provisions of the Act, must –
(c) Review the evaluation of pre-qualification or bid for procurement made and submitted to it by the bid evaluation committee.

 

No.

 

No. S/he can only do evaluation in the Procurement Committee and not in BEC.

 

For:
Amendment of Standard Bidding Documents – PPU
Drafting of Bidding Documents – PMU
Bids - Bidders

 

The term of office for PC is three (3), the extension is based on the discretion of the Accounting Officer.

 

No, The Procurement Policy Unit (PPU) Is the only institution mandated to offer on procurement. Public Entities may give guiding sessions to bidders.
Section 7 (1)
In executing any general or specific policy directives issued by the Minister to achieve the objects of this Act the functions of the Procurement Policy Unit, include among others –
(e) To prepare and conduct training programmes and approve training curriculum on public procurement as proposed by training institutions for staff members, contractors and suppliers concerning procurement.
The Chairperson of the Bid Evaluation Committee (BEC) gives direction to Procurement Committee (PC) to review. If PC does not agree, PC may send the bid to Accounting Officer. The Accounting Officer send the bid back to BEC for review.

 

Submission of the Annual Procurement Plan should be done at the end of each financial year or 30 days after each financial year. However, there are other entities that have various financial year period, those should be submitting within 30 days of end of their financial year. E.g Local Authorities’ financial year ends June/July, which means submission should be done end of August (30 August.

 

Section 59 (1) A bidder or supplier may, as prescribed, apply to the Review Panel for review of a decision or an action taken by:
(a) By the Board; or
(b) By a public entity
For the award of a procurement contract
The Chairperson
Review Panel
Ministry of Finance, Head Office
Moltke Street
Private Bag 13295
Windhoek
Tel: +264 (61) 209 2445
EMAIL: maria.jonga@mof.gov.na

 

No, only pages of the Bid where entries or amendments have been made shall be initialed by the person or persons signing the bid.

 

No

 

The BEC uses its own discretion

 

No.
Section (11) (6) (a) a PC member has to serve for a term of three (3) years and is eligible for reappointment at the expiry of his or her term, except for an ex officio member; and
(b) with regards to his or her-
(i) experience or technical and professional competence;
(ii) procurement skills and knowledge required for the performance of the functions of the procurement committee; and
(iii) proven integrity and sound decision-making abilities.

 

The BEC to use its discretion

 

BEC to use own discretion

 

The Public Entity is encouraged to follow the correct the correct bidding process.

 

Yes, provided that it is indicated in the bidding document.

 

No, the old one is available on the drop box
Below is the link to the drop box:
https://www.dropbox.com/sh/4wnf8q5dwzzuyme/AAA4R9_Dgbhf3p__gasdXrH3a?dl=0

 

The question is not clear

 

The Act refers to calendar days, weekends and public holidays are included.

 

The Public Entity is encouraged to use the correct Procurement procedures according to the Public Procurement Act, 2015.

 

PPU – Tel: +264 (61) 209 9413, Ministry of Finance, Head Office, Moltke Street, Private Bag 13295, Windhoek, Namibia
ACC – C/o Mont Blanc & Groot Tiras Str. Eros
PO Box 23137, Windhoek
Email: Acting Head Mrs. Justine Kanyangela: jnamukwambi@accnamibia.org
Tel: +26461 4354000
NAMPOL – Headquarters, Private Bag 12024, Ausspannplatz, Windhoek, C/O Lazaret and Jan Jonker Road, Tel: +264 61 – 209 3111, Fax: +264 61 – 220621
Accounting Officers of relevant Public Entities.

 

The Minister of Finance issues a call for applications from which the Minister then appoints the board members.

 

All bids that the CPBN executes that are above the thresholds of Public Entities as indicated in Annexure 1 of the Public Procurement Regulations are advertised on its website http://www.cpb.org.na/.

 

The Central Procurement Board of Namibia is tasked to execute procurement on behalf of Public Entities if it is above their allowed thresholds as indicated in Annexure 1 of the Public Procurement Regulations, while the Procurement Policy Unit does not execute procurement. The Procurement Policy Unit instead is tasked with monitoring and compliance of public entities and the CPBN with regards to the Act and its Regulations, to review the procurement system, to assess the impact and promote its fundamental principles. It executes investigations, compliance audits, drives e-government procurement and supplier database management and engages in capacity strengthening.

 

Public Entities should request the Review Panel to disbar, suspend or disqualify the bidder.

 

in the Act if the Accounting Officer is on leave or assigned other duties away from the Office? The Acting Accounting Officer is allowed to execute all duties of the Accounting Officer. There was a lot of confusion caused in the past in that an Acting Accounting Officer could not execute certain tasks which are listed in Section 74 which provided for tasks that an Accounting Officer may not delegate. However, an Acting Accounting Officer has the same powers as the substantially appointed Accounting Officer and as such, an Acting Accounting Officer may issue contract awards, sign agreements and appoint or recommend staff members for appointment to the internal procurement structures. This issue is also addressed in the amendments to the Public Procurement Act.

 

They consist of the Financial Advisor or Manager, the Head of the Procurement Management Unit and one person from management level who will then also be the Chairperson.

 

Chairperson Yes
Deputy Chairperson Yes

Alternate to Deputy Chairperson

Yes – if Chairperson is absent and the person is present in the capacity as Deputy Chairperson
Member Yes
Alternate to Member Yes – if Member absent
Financial Advisor/Manager Yes
PMU Head: Secretary No

 

Example for structure with 5 members:  

Chairperson

If on leave then the Deputy Chairperson shall Chair the meeting and the Alternate to the Deputy Chairperson shall be the Deputy Chairperson in the meeting.
Deputy Chairperson If on leave then the Alternate to the Deputy Chairperson shall attend and be the Deputy Chairperson.
Alternate to Deputy Chairperson ??
Member If not available then the Alternate to the Member can attend.
Alternate to Member ??

Financial Advisor/Manager

If on leave then the Acting Financial Advisor/Manager (as appointed by the Accounting Officer) shall attend in full capacity.

PMU Head: Secretary If on leave then the Acting PMU Head (as appointed by the Accounting Officer) shall attend in full capacity.
Example for structure with 3 members:  
Chairperson If there is only a Chairperson with no Deputy Chairperson, then the Public Entity cannot have a meeting since it will not have quorum. The public entity can however a appoint a new Chairperson for that period.
Financial Advisor/Manager If on leave then the Acting Financial Advisor/Manager (as appointed by the Accounting Officer) shall attend in full capacity.
PMU Head: Secretary If on leave then the Acting PMU Head (as appointed by the Accounting Officer) shall attend in full capacity.
Example for structure with 3 members:  
Chairperson If there is only a Chairperson with no Deputy Chairperson, then the Public Entity cannot have a meeting since it will not have quorum. The public entity can however a appoint a new Chairperson for that period.
Financial Advisor/Manager If on leave then the Acting Financial Advisor/Manager (as appointed by the Accounting Officer) shall attend in full capacity.
PMU Head: Secretary If on leave then the Acting PMU Head (as appointed by the Accounting Officer) shall attend in full capacity.
   
   

 

Yes, they are allowed with this duty. Support staff are, however, prohibited from making any contribution to the Procurement Committee meetings or take part in any other way and they have no power to vote.

 

The accounting officer may accept the recommendation for the award of the procurement contract or request the bid evaluation committee to re-evaluate the bids submitted to the public entity and to re-submit to the procurement committee for reconsideration and recommendation. Therefore, the Accounting Officer is not allowed to award a bid to a bidder that is not recommended by the Procurement Committee.

 

The Public Entity can then decide to cancel the bid if it complies with Section 54 (1) of the Act, but in doing so it may not invite a re-bid for the procurement on the same specifications and contract conditions if the rejection of all bids or cancellation of bidding process is made on a ground specified in subsection (1)(c), (f) or (g) of Section 54 of the Act. If the bid is to be repeated, then the Public Entity must examine the reason for the rejection of all bids or the cancellation of the bidding process and suitably modify the technical specifications or contract conditions.

 

No, all bids received through the Direct Procurement, Small Value Procurement and Request for Quotation and Proposal methods must be opened in the Procurement Committee meeting and never prior.

 

No, even this part of the evaluation process must take place in the Procurement Committee meeting.

 

The secretary of a bid evaluation committee should be an in-house staff member and can be a support staff member from the Procurement Management Unit. The Secretary is not part of the Bid Evaluation Committee and therefor is only allowed to take minutes and inform the Committee, but may not take part in the evaluation.

 

The BEC must start the evaluation of bids within five (5) days after the opening of bids and must be completed within fourteen (14) days after the opening of the bids or such other period as a public entity may extend, but not exceeding thirty (30) days.

 

A Public Entity through its Accounting Officer must write to the Minister of Finance requesting an exemption explaining why certain provisions of the Act are not practical or appropriate.

 

According to the Public Procurement Guidelines, a Public Entity should post its Annual Procurement Plan on its website. They can also be found on the website of the Ministry of Finance and will be available on the E-Government Procurement portal once it is launched.

 

According to the Public Procurement Regulation 8 (d) (iv) the plan must indicate the value or an estimate of the value of each package of goods, works or services required to be produced.

 

The Annual Procurement Plan is to be prepared and submitted to the Procurement Policy Unit before the beginning of the financial year. Once the Public Entity’s budget is approved, then the Public Entity will amend its Annual Procurement Plan and re-submit it to the PPU. Amendments to the Annual Procurement Plan can be done throughout the year as required and must be made publicly available after every amendment.

 

The Procurement Management Unit develops the Annual Procurement Plan which it then submits to the Procurement Committee which then sends it to the Accounting Officer for his/her signature approval

 

The Procurement Management Unit must prepare an individual procurement plan for each individual procurement above the threshold of N$ 2 million in accordance with the directive issued by the Minister of Finance on 23 May 2017.

 

The Procurement Management Unit with the user department.

 

Public Entities are only allowed to sell bidding documents according to the approved rates in the Regulations.

Procurement Method Fee

All Methods listed under Section 27(1) and 64(2) except Open Advertised Bidding

Free

Open Advertised Bidding

 

Procurement contracts with an estimated value not exceeding

N$ 1 000 000.00

N$ 100.00

Procurement contracts with an estimated value above

N$ 1 000 000.00 and not exceeding N$ 20 000 000.00

N$ 300.00

Procurement contracts with an estimated value above N$ 20 000 000.00 and not exceeding N$ 100 000 000.00 N$ 600.00

Procurement contracts with an estimated value above N$ 100 000 000.00 and not exceeding N$ 500 000 000.00

N$ 1 000.00

Procurement contracts with an estimated value above N$ 500 000 000.00 and not exceeding N$ 2 000 000 000.00 N$ 3 000.00
Procurement contracts with an estimated value above N$ 2 000 000 000.00 N$ 6 000.00

 

 

 

The Act stipulates that the PC recommends the procurement method. Then the Accounting Officer approves and signs the Annual Procurement Plan where the procurement method is stated. However, the Procurement Management Unit can advise further.

 

“Close child or relative” means parent, sibling, having substantial financial interest in the bidding entity

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Bidders and suppliers can submit valid original documents or valid certified copies of an original document as certified by a Commissioner of Oath appointed in terms of the Justice of the Peace and Commissioner of Oaths Act, 1963 (Act No. 16 of 1963) as amended and as per the directive issued by the Minister of Finance on 29 August 2019. Bidders and suppliers may not be disqualified for submitting valid certified copies.

 

No, the source of funds does not stipulate whether the requirement of the Act should apply or not. Section 3(1)(a) states “this Act applies to all procurement of goods, works and services and disposal of assets undertaken by the Board or a public entity’. Therefore, the Act applies to all procurements, irrespective of the payment method.

 

The Procurement Policy Unit is responsible to develop all authorized versions of Standard Bidding Documents.The Procurement Management Unit and the User Department is jointly responsible to use the standard bidding documents authorized by the Procurement to develop the final bidding documents to be used. The Public Entity must follow the instructions in the Standard Bidding Documents to develop the final bidding document that will be given or sold to supplier/s.

 

Boards and councils have no role in Public Procurement other than their involvement in the budgeting process and when Accounting Officers reports to them. Boards and councils have no authority to be involved anywhere in the procurement process and in the establishment of the internal procurement structures. This was clarified in a Directive issued on 02 March 2018.

 

All procurements, including Emergency Procurement, must be executed by the Central Procurement Board of Namibia if the estimated value of the procurement exceeds its threshold as prescribed in Annexure 1 of the Public Procurement Regulations. If the public entity wishes to carry out such procurement internally, an exemption from the Minister of Finance must be sought.

 

Public procurement means the acquisition of goods, works, consultancy services or non-consultancy services by any means, including purchase, rental, lease or hire-purchase by Public Entities.

 

Government offers a public service and through effective, efficient, transparent and fair procurement it can do so much more productively and effectively. Here are some of the benefits of public procurement for government and therefor all Namibians when carried out correctly:
• Improved cost for government purchasing.
• Increased value for money.
• Reduced corruption.
• Increased trust in government.
• Economic growth.
• Increased tax compliance.

 

The general public can offer goods and services that Public Entities can procure, while public servants should execute different roles within the procurement system in accordance with the Public Procurement Act of 2015 and its Regulations.

 

The Act addresses procurement integrity in Section 65 to 68. Section 67 and 68 specifically addresses conduct of bidders and suppliers and their suspension, debarment and disqualification. The Sections referred to address corruption and fraudulent practices as well as the collusion and the use of coercive practices. The Act also specifies the potential fines or imprisonment if bidders and suppliers are found guilty of these offences. The Review Panel is responsible to determine whether a bidder of supplier should be suspended, debarred or disqualified if there are grounds to do so.

 

The Public Procurement Act has objectives as stipulated in Section 2 which are to promote integrity, accountability, transparency, competitive supply, effectiveness, efficiency, fair-dealing, responsiveness, informed decision-making, consistency, legality and integration.
Furthermore, the Act aims for Public Procurement to contribute to:
• the job creation for Namibian citizens;
• the empowerment of Namibian registered small and medium enterprises, women and youth by creating economic opportunity for them and enhancing their participation in the mainstream economy;
• sourcing of goods manufactured, mined, extracted or grown in Namibia and local services and labour, including local entrepreneurial development; and • preferential treatment in the allocation of procurement contracts to -
o Namibian registered small and medium enterprises;
o Namibian registered joint venture business;
o categories of Namibian manufacturers, suppliers, contractors and service providers;
o Namibian registered entities that promote the protection of the environment, maintain ecosystems and sustainable use of natural resources; or
o Namibian natural persons or categories of persons, including persons who have been, economically or educationally disadvantaged by past racial discriminatory laws or practices,
These objectives should encourage all businesses in Namibia to offer their goods and services to government to support the government to achieve the objects of the Act.

 

Most public contracts are advertised to all potential bidders. Procurement of goods, works or services may be made by means of open advertised bidding to which equal access is provided to all eligible and qualified bidders, except in the cases where open advertised bidding:
• does not support empowerment and other policies of the Government contemplated in Section 2 of the Act;
• is not efficient or practical for the procurement in question; or
• is too costly to apply, given the value of the procurement.
Section 51 of the Act also contributes to transparency with regards to how the bid opening should be conducted.
The Act also requires in terms of Section 55(4) that Public Entities send out a notice for selection of award to all businesses that participated in the bidding process. Thereafter the Public Entity is required in terms of Section 55(8) to publish a notice of the procurement and its accompanying bid evaluation summary.
In Section 57 of the Act, an unsuccessful bidder is given the right to request from the accounting officer, to be briefed on the reasons for which its bid or its application for prequalification was unsuccessful, if the request for such information was submitted within the prescribed period of the publication of the notice referred to in section 55(8).
Furthermore, the Procurement Policy Unit is responsible for E-Government Procurement which will allow improved access to annual procurement plans, advertised bidding documents, bid evaluation summaries, notice of award as well as the list of suspended, debarred and disqualified bidders, some of which is already available on the Ministry of Finance website under the section for the Procurement Policy Unit.Furthermore, the Procurement Policy Unit is responsible for E-Government Procurement which will allow improved access to annual procurement plans, advertised bidding documents, bid evaluation summaries, notice of award as well as the list of suspended, debarred and disqualified bidders, some of which is already available on the Ministry of Finance website under the section for the Procurement Policy Unit.Furthermore, the Procurement Policy Unit is responsible for E-Government Procurement which will allow improved access to annual procurement plans, advertised bidding documents, bid evaluation summaries, notice of award as well as the list of suspended, debarred and disqualified bidders, some of which is already available on the Ministry of Finance website under the section for the Procurement Policy Unit.

 

For queries related to a specific bid, the bidder or public should engage the Public Entity concerned or the Board by contacting the office as indicated in the bid or advertisement.
For enquiries related to potential fraud or corruption, the bidder, public or civil servant should engage Directorate for Legal Support and Compliance at the Procurement Policy Unit who can take it up with the Anti-Corruption Commission of Namibia.
For requests for review, the bidder should contact the Review Panel of Namibia.
For queries or suggestion on general public procurement matters, the bidder or public can engage with the Procurement Policy Unit as provided for in Section 7 (3) of the Act.
For queries on e-government procurement, supplier’s database and capacity related matters’, the public and bidders can engage with the Directorate for Professionalization and Capacity Strengthening at the Procurement Policy Unit.
For queries on standard bidding documents, Procurement Policy Unit investigations, exemptions, directives, the Act and regulations the Directorate for Legal Support and Compliance at the Procurement Policy Unit can be contacted.